People Vs Barclays Bank Data Protection Officer

[Redmountie999]

Un1boy

 

Barclays have failed to either submit a defence or file an acknowledgement of service by todays 4pm deadline. As such at 4pm today i've faxed the court a request for judgement to be entered in default. I've asked for both the return of penalty charges and also for the court to order them to remove the default from my credit file.

 

Whats your views folks?? Why have'nt Barclays replied or submitted a defence? Will they just accept the court order or asked for it to be stayed?

[Redmountie999]

bump

[Redmountie999]

Ok, so I went to my local court on 17th May 2007 and requested a judgement by default. Does this mean i've won against Barclays?

[pugsley]

any news?

[Redmountie999]

I'm absolutely livid. I've been trying to chase the court all week for my judgement to be made. I phoned them on Tuesday and they said that they were around 10 days behind on entering judgements. I asked what would happen if the defendant entered a defence after the 14 days and they said they would still issue the judgement.

 

As of this morning they are saying that the defence entered takes priority over my judgement even though it was entered 7 days after the deadline and 7 days after I entered a request for judgement.

 

I really dont know what to next. Is there anything I can do????????

[noomill060]

Dont worry, Im sure you will get your judgement, and that the date on that judgement will probably be 17 May.

 

It took over three weeks to get my default judgement agianst Morgan Stanley. Very infuriating, but it did mean that as over 21 days had passed since the date of judgement, they had no opportunity to try for a set aside and coughed up pretty damn quick.

[Redmountie999]

Problem is noo that the court have accepted the Defence from Barclays even though it's a week to late. They are now saying that they wont enter my request for judgement as the defence over rules it. I just fail to see how the court being short staffed has meant that my request for default has been null n void and that Barclays can just enter a defence whenever they wont.

 

Anyone would swear that the court is Barclays in disguise!!!!!!

[noomill060]

Well, it looks you just have to accept thats the way they work and get ready for an offer of an out of court settlement from Barclay, which will come about a week before the hearing.

 

Keep an eye on the post in a week or so, they will make an offer.

[Redmountie999]

Hmmm, Thing is i'm asking for penalty charges to be refunded and removal of a default. Barclays said at the beginning of all of this that any court action would be strongly defended by the bank.

 

If the court had got staff my request for judgement by default would have been entered by now. Aghhhhhhh

[GuidoT]

Problem is noo that the court have accepted the Defence from Barclays even though it's a week to late. They are now saying that they wont enter my request for judgement as the defence over rules it. I just fail to see how the court being short staffed has meant that my request for default has been null n void and that Barclays can just enter a defence whenever they wont.

 

Anyone would swear that the court is Barclays in disguise!!!!!!

 

That is not unusual parties are given latitude by the court on deadlines, sometimes by several weeks. Have a look at the nonsense that is happening on my thread:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-6.html

[hagenuk]

I would concur with the above. The courts are ultra-conservative with regard to default judgment in particular. What people fail to understand is that judgment in default is not a win - it is simply as it states, a judgment made in default. This does not mean that the court has found for one side, merely that one side defaulted in its obligation.

 

In particular with your case a judgment in default could be a spectacular disaster for you and a coup for Barclays. In my opinion there is little chance that you will be able to have a judge rule on the removal of a default in the absence of any acknowledgement or defence.

 

You should welcome the defence and now work towards defeating it, the chance for a default judgment is passed, such as it was and now at least you can plead your case regarding the default removal.

[Redmountie999]

As a result of my local court allowing Barclays to submit their defence 8 days late I wrote to the court based on some advice received.

 

Subsequently a District Judge has reviewed the complaint and as a result has made the following observations:

 

My claim is twofold:

1) Amendment of Credit File

2) Recovery of Charges of £140

 

Accordingly, a default judgement is not available. Civil Proceedings Rules 12.4(2) provides that as the claim indicated a claim for a remedy other then the payment of the penalty charges, an application under part 23 would be required.

 

The District Judge has instructed that the matter procced as a defended claim.

 

Anyone have any observations, guidance or advice on this please?????

[Guest ChloeJane]

Hi there,

 

With what you have written you wrote to the court - a part 23 is the judge stating that you would have to apply on an N244 and make an application to the court if you were seeking a ruling on the matter.

 

So if you are seeking to have the matter struck out - i.e for filing a defence late and on the grounds that you wrote in letter format to the court, then it would have to be made via a formal application.

 

PART 23 - GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS

 

The above link makes it clearer.

 

As for the 12.2 ruling, you are seeking more than just a remedy of money back, you are seeking to have the credit file amended therefor under this ruling you are unable to obtain a default judgement.

 

PART 12 - DEFAULT JUDGMENT

 

The above link will make understanding it easier.

 

All in all, while writing to the judge is fine they tend to expect you to know what is procedures and rules, so if you intended on seeking judgements from the court, many judges will make this as a formal request that is requested and the N244 is a general application form that must be used for a judgement decision.

 

All courts behave differently with different rules, but in essence this is what he is stating.

 

Hope this clarifies things.

 

CJ

[Redmountie999]

Bit confusing from the courts. Had to orders from them in the post this morning.

 

The first form advises me that a defence has been filed and that an N150 allocation questionnaire is required to be submitted by 25th June 2007.

 

The second form advises that upon the Courts own motion they have made this order of its own initiative and without a hearing. If I object then i must make an application to have it set aside, varied or stayed within tyhe next 7 days.

 

IT IS ORDERED THAT

 

1. Directions will be given by judge XXXXXXXX on the 14th August 2007 at 10:30am.

 

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing.

 

So how do I play my next move???? Should I now ring the litigation team and ask them if they want to negotiate a settlement?

 

Do I need to send the Defence a copy of the N149 and draf order?

[hagenuk]

Your case is a little more complex due to the fact that you want a default removing from your credit file in addition to the return of charges.

 

This order simply means that a Directions Hearing must take place in order that the Judge can decide how best to proceed with the case. A directions hearing is a chance for the judge to discuss case and give ‘directions’ to the parties and to assess whether any other material needs to be gathered and also what is going to be considered during the case.

 

You may contact their litigation team by all means as it will cost them a good deal more than £140 to prepare and attend this hearing. You are not obliged to supply the other side with a copy of your AQ or the draft order, so it is your call as to whether you do or not and it will not prejudice your case should you not supply them with a copy, but do make sure you file your copy at court on time.

 

On what grounds do you want the default removing?

[noomill060]

Section 10 notice non compliance.

[Redmountie999]

On the grounds that

 

a) Claimant never received the default notice;

b) Section 10 & 12 DPA 1998 (Data Subject Notice) - Defendant has failed to remove comply with request for default removal within 21 day period.

c) Claimant has received substantial damages and distress as a result of the continued processing od Data by the Defendant.

 

I've evidence all of this. The issue here for Barclays is purely the Default marker. They have already agreed to pay all penalty charges claimed for in full. Including court fees. Their just being stubborn re default marker. this is due to be removed in November anyway, so i'm only asking for it to be removed 5 months earlier.

[un1boy]

On the grounds that

 

a) Claimant never received the default notice;

b) Section 10 & 12 Data Protection Act 1998 (Data Subject Notice) - Defendant has failed to remove comply with request for default removal within 21 day period.

c) Claimant has received substantial damages and distress as a result of the continued processing od Data by the Defendant.

 

I've evidence all of this. The issue here for Barclays is purely the Default marker. They have already agreed to pay all penalty charges claimed for in full. Including court fees. Their just being stubborn re default marker. this is due to be removed in November anyway, so i'm only asking for it to be removed 5 months earlier.

 

The damages thing might not work, but it's worth a go.

 

I'm sorry, I haven't had time to read the whole thread - have you issued your N1 yet, if so, when is the court date?

 

 

Did you make it part of your settlement for the bank charges claim that they remove the default?

[Redmountie999]

Yes Un1, N1 issued on 23rd April 20077. Deemed served as of 2nd May. Defence entered on 23rd May 2007. AQ sent on 13th with request asking judge to strike out defence with an alternative of special directions attached to a draft order.

 

I've also emailed Robert Saunders who is dealing with my case and he has said he will review my case with a view to settling before court case on 14th August 2007.

 

The only issue here will be the default removal. I have included this removal as part of my claim and I have advised Barclays that I cannot settle the matter out of Court unless the default marker is removed. It's due off in November but I need it now because I can't get an affordable high street mortgage and it's crippling me.

[un1boy]

Yes Un1, N1 issued on 23rd April 20077. Deemed served as of 2nd May. Defence entered on 23rd May 2007. AQ sent on 13th with request asking judge to strike out defence with an alternative of special directions attached to a draft order.

 

I've also emailed Robert Saunders who is dealing with my case and he has said he will review my case with a view to settling before court case on 14th August 2007.

 

The only issue here will be the default removal. I have included this removal as part of my claim and I have advised Barclays that I cannot settle the matter out of Court unless the default marker is removed. It's due off in November but I need it now because I can't get an affordable high street mortgage and it's crippling me.

 

I know it takes absolutely ages mate.

 

There isn't much you can do to get it removed now though - the ICO have a major backlog and you will get it removed by Barclays, but not until the court date (or just beofre).....

[TANZARELLI]

Is your arguement purely that you had not received the default, or is your claim also that the defaulted amount entered onto the credit file is not accurate as it included penalty charges?

 

If the latter also applies then this carries more weight I feel. If you have rejected the charges offer then you could ask for disclosure of their costs under CPR Part 18 when completing the AQ.

 

PART 18 - FURTHER INFORMATION

 

I had a default removed from Capital One and they initially offered charges and stat 8% plus costs. When they sent me a cheque I swiftly sent it back stating that:

 

I refer to my letter of the 22nd January, which I informed you that any monies would be returned to you as my claim is in 2 parts and they are intrinsically linked.

I once again, thank you for your attempted settlement, but since you are unwilling to see the correlation between the unlawful charges imposed on my account and the subsequent default notice, I must inform you that I do not agree to the settlement offered and my claim will continue through the courts.

 

I have enclosed the cheque which you sent to me, which I must also point out was for an incorrect amount as you had failed to add the daily rate of interest which had been accruing since the date my claim was issued. Unless you agree to settle this matter in full, which is to include the removal of the default notice added incorrectly from my credit file, as well as full payment of the total outstanding including daily rate of interest, then I am not prepared to accept any further partial settlement offers.

 

As I mentioned in my previous letter, I have no power to stop you from crediting my account, but I wish to make it perfectly clear to you that your actions should not be interpreted as an agreement on my part.

 

Should you wish to review your position with regard to removing the default from my credit files then I would be more than happy to enter into further discussion with you in the hope that you might avoid wasting the court’s valuable time.

[un1boy]

Is your arguement purely that you had not received the default, or is your claim also that the defaulted amount entered onto the credit file is not accurate as it included penalty charges?

 

If the latter also applies then this carries more weight I feel. If you have rejected the charges offer then you could ask for disclosure of their costs under CPR Part 18 when completing the AQ.

 

PART 18 - FURTHER INFORMATION

 

I had a default removed from Capital One and they initially offered charges and stat 8% plus costs. When they sent me a cheque I swiftly sent it back stating that:

 

I refer to my letter of the 22nd January, which I informed you that any monies would be returned to you as my claim is in 2 parts and they are intrinsically linked.

 

I once again, thank you for your attempted settlement, but since you are unwilling to see the correlation between the unlawful charges imposed on my account and the subsequent default notice, I must inform you that I do not agree to the settlement offered and my claim will continue through the courts.

 

 

I have enclosed the cheque which you sent to me, which I must also point out was for an incorrect amount as you had failed to add the daily rate of interest which had been accruing since the date my claim was issued. Unless you agree to settle this matter in full, which is to include the removal of the default notice added incorrectly from my credit file, as well as full payment of the total outstanding including daily rate of interest, then I am not prepared to accept any further partial settlement offers.

 

As I mentioned in my previous letter, I have no power to stop you from crediting my account, but I wish to make it perfectly clear to you that your actions should not be interpreted as an agreement on my part.

 

Should you wish to review your position with regard to removing the default from my credit files then I would be more than happy to enter into further discussion with you in the hope that you might avoid wasting the court’s valuable time.

 

Hiya

 

I don't know if this was directed at me or not, but my situ is this:

 

They have placed 2 defaults on two accounts. One is an overdraft one is a credit card.

 

Now, they have sent me an agreement for the credit card with no prescribed terms, so it is unenforcable and they should not be processing my data.

 

For the OD, they have not supplied the original "contract" can can't prove I agreed to the terms and conditions. Also, they haven't sent me a default notice and the balance was made up of over 50% of charges - I didn't originally claim for it's removal as I was not sure I could back then!!!

[TANZARELLI]

Hi un1boy,

 

I was actually directed at Redmountee999.

 

Have you got 2 seperate claims going then or one combining the two aspects/accounts?

 

I am working on a claim for my partner who has a debt with Crap One of just under a grand. She was being hounded by Lowell Financial until recently and following a CCA request to them they have now stated that it has been confirmed by Crap One that the CCA is no longer available, so they dropped the account like a hot potato. This account also has a default on it and the claim is yet to be filed. However as they no longer have the credit agreement I beleive it will be a win win claim for my partner when we apply to have the default removed and the charges plus interest refunded.

 

The default needs to be included from the start if poss ie prelim the LBA and POC, however if you have already had the charges refunded it makes it a bit more tricky IMHO. Have you got the wording from your poc to hand or is it not at that stage as yet?

 

Tanz

[Redmountie999]

Opened my mail yesterday morning and was shocked to discover a letter from Robert Saunders at Barclays Legal offering to pay full amount claimed for, together with statutory interest and cort costs. They are offering this as full and final settlement re this claim.

 

Unfortunately they make no mention of the default removal element of my claim. Offer is good but my main claim and objective is for the default removal.

 

Should I be writing back to Mr Saunders declining the offer unless they also agree to remove the default? If so can someone do me a quick template letter so I can write back to him ready for monday morning.

 

P.s. They also want me to agree that the terms of the offer remain confidential between them and want to make payment into my Barclays account. This is now well and truly closed.

[tamadus]

Red,

 

the whole crux of your claim has always been about removing the default marker. Removal of that marker is included in your court claim as well so any offer of settlement that doesn't include removing it, is not a complete settlement.

 

Write back to him telling him that his offer is appreciated but he has overlooked removing that default marker and your unable to accept his partial offer.

 

Also mention that the cash portion of the claim will have to be repayed by cheque as you no longer have an account with Barclays.